Cook v. State

Melvyn Cook was indicted for the offense of robbery in the first degree in violation of § 13A-8-41, Code of Alabama 1975. The jury found him guilty of the offense as charged in the indictment, and he was sentenced, pursuant to the deadly weapon enhancement statute, to 20 years' imprisonment. Two issues are raised on appeal.

I

Cook contends that the trial court erred by enhancing his sentence pursuant to § 13A-5-6(a)(4), Code of Alabama 1975, because the steak knife used in committing the robbery was not a deadly weapon by definition or by use.

Section 13A-5-6(a)(4) provides for an enhanced…